January 06, 2017

In August IPWatchdog reported that the Federal Circuit affirmed Apple iPhone patent victory over GPNE. The patents at issue related to a two-way paging system, where the paging devices are capable of not only receiving messages but also sending messages back in response. While Apple had quickly emphasized GPNE's status as a "patent troll" post-trial, it wasn't allowed to use that term during the trial. A few months before the trial began, Koh issued a ruling making clear that Apple wouldn't be allowed to call GPNE a "troll" at trial, which got some attention.

While the case noted above may have ended for the time being, there's been another ongoing patent case in China between GPNE and Apple. The case reportedly began in 2013.

According to yesterday's report by the Shanghai financial newspaper the "National Business Daily," during the past four years, Apple has asked the State Intellectual Property Office of China to reexamine the patents to invalidate them. In September 23, 2014, Apple litigated administrative appeal to the Beijing First Intermediate People's Court. However, the patents are still valid as all the litigation requests from Apple have been rejected.

As of the end of last November, the Shenzhen Intermediate People's Court has held hearings three times regarding the case. So far, Apple has made no comment on the allegations.

According to the publication, the lawsuit accuses 'computerized communications devices and computerized tablet devices' known as iPhone and iPad manufactured by Apple infringe on patents owned by GPNE and claims indemnity of 900 million yuan (about US$129 million), the highest number of this kind of compensation in the country.

Huang Jingyu, or Gabriel Wong, founder and inventor of the Hawaii-based company told the newspaper that the patent relates to general packet radio service.

As part of the 3G standard for GSM radio frequencies, it allows features such as multimedia messaging, push-to-talk over cellular, always-on Internet access and point-to-point networking.

Huang said the patent has received patent protection rights in 14 countries, including China, USA and Japan.

Before accusing Apple, the company consecutively sued Motorola, Cisco, BlackBerry, Samsung, LG, Sony Ericsson, Sharp, HTC and Huawei in regard to the so called patterns infringements.

Compared to the dispute with Apple, most of the companies have either reached accommodations or signed patent permission agreements.

In the end the report failed to inform us of any firm trial date, though the story coming to light at this time would suggest the time is nearing.

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